Kentucky Statutes 186.442 – Suspension or revocation of license or driving privileges in another jurisdiction — Persons eligible for restricted license — Application and supporting documents — Issuance of license valid only in Kentucky — Removal …
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(1) The Transportation Cabinet shall, before issuing or renewing a Kentucky operator‘s license, verify through the National Drivers Register that the person applying for an initial or renewal Kentucky operator’s license does not currently have his or her operator’s license or driving privilege suspended or revoked in another licensing jurisdiction.
(2) If the person’s operator’s license or driving privilege is currently suspended or revoked in another licensing jurisdiction for a traffic offense where the conviction for the offense is less than five (5) years old, the Transportation Cabinet shall not issue the person an initial or renewal Kentucky operator’s license until the person resolves the matter in the other licensing jurisdiction and complies with the provisions of this chapter.
(3) A person whose operator’s license has been suspended or revoked in another licensing jurisdiction, or the holder of a Kentucky operator’s license whose driving privileges have been suspended in another licensing jurisdiction, may be issued a Kentucky license, or may renew a Kentucky license if:
(a) The conviction causing the suspension or revocation is more than five (5)
years old;
(b) The conviction is for a traffic offense other than a felony traffic offense or a habitual violator offense; and
(c) The person has been a resident of the Commonwealth for at least five (5)
years prior to the date of application for issuance or renewal.
(4) (a) A person applying for an operator’s license under subsection (3) of this section shall submit an application to the cabinet, who shall electronically scan the application and supporting documents, along with a photograph of the applicant captured in accordance with KRS § 186.4102(1), into the cabinet database.
(b) The cabinet shall review the person’s documentation, including the person’s photograph, in the cabinet database. If the documentation is verified as accurate, and if the person successfully completes any examinations required under KRS § 186.480 and pays the reinstatement fee required under KRS
186.531, the cabinet shall present the applicant with a temporary operator’s license, which shall be valid for thirty (30) days, until a permanent operator’s license is mailed to the applicant by the Transportation Cabinet.
(5) A person issued a Kentucky operator’s license in accordance with subsection (3) of this section shall be issued an operator’s license marked “Valid in Kentucky Only” and shall sign a statement that the person understands that he or she may be subject to arrest and detention if stopped by a law enforcement officer in another state while operating a motor vehicle on this restricted license.
(6) If a person granted a license under subsection (3) of this section satisfies the
requirements to have the suspension or revocation in another state lifted, the person shall apply to the cabinet to be issued a new license without the restrictions outlined in subsection (3) of this section.
(7) The provisions of subsection (3) of this section shall not apply to a commercial driver’s license.
Effective: March 27, 2020
History: Amended 2020 Ky. Acts ch. 51, sec. 14, effective March 27, 2020. — Amended 2017 Ky. Acts ch. 100, sec. 17, effective January 1, 2019. — Created 2003
Ky. Acts ch. 189, sec. 1, effective June 24, 2003.
(2) If the person’s operator’s license or driving privilege is currently suspended or revoked in another licensing jurisdiction for a traffic offense where the conviction for the offense is less than five (5) years old, the Transportation Cabinet shall not issue the person an initial or renewal Kentucky operator’s license until the person resolves the matter in the other licensing jurisdiction and complies with the provisions of this chapter.
Terms Used In Kentucky Statutes 186.442
- Arrest: Taking physical custody of a person by lawful authority.
- Conviction: A judgement of guilt against a criminal defendant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Motor vehicle: means in KRS §. See Kentucky Statutes 186.010
- Operator: means any person in actual control of a motor vehicle upon a highway. See Kentucky Statutes 186.010
- Resident: means any person who has established Kentucky as his or her state of domicile. See Kentucky Statutes 186.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(3) A person whose operator’s license has been suspended or revoked in another licensing jurisdiction, or the holder of a Kentucky operator’s license whose driving privileges have been suspended in another licensing jurisdiction, may be issued a Kentucky license, or may renew a Kentucky license if:
(a) The conviction causing the suspension or revocation is more than five (5)
years old;
(b) The conviction is for a traffic offense other than a felony traffic offense or a habitual violator offense; and
(c) The person has been a resident of the Commonwealth for at least five (5)
years prior to the date of application for issuance or renewal.
(4) (a) A person applying for an operator’s license under subsection (3) of this section shall submit an application to the cabinet, who shall electronically scan the application and supporting documents, along with a photograph of the applicant captured in accordance with KRS § 186.4102(1), into the cabinet database.
(b) The cabinet shall review the person’s documentation, including the person’s photograph, in the cabinet database. If the documentation is verified as accurate, and if the person successfully completes any examinations required under KRS § 186.480 and pays the reinstatement fee required under KRS
186.531, the cabinet shall present the applicant with a temporary operator’s license, which shall be valid for thirty (30) days, until a permanent operator’s license is mailed to the applicant by the Transportation Cabinet.
(5) A person issued a Kentucky operator’s license in accordance with subsection (3) of this section shall be issued an operator’s license marked “Valid in Kentucky Only” and shall sign a statement that the person understands that he or she may be subject to arrest and detention if stopped by a law enforcement officer in another state while operating a motor vehicle on this restricted license.
(6) If a person granted a license under subsection (3) of this section satisfies the
requirements to have the suspension or revocation in another state lifted, the person shall apply to the cabinet to be issued a new license without the restrictions outlined in subsection (3) of this section.
(7) The provisions of subsection (3) of this section shall not apply to a commercial driver’s license.
Effective: March 27, 2020
History: Amended 2020 Ky. Acts ch. 51, sec. 14, effective March 27, 2020. — Amended 2017 Ky. Acts ch. 100, sec. 17, effective January 1, 2019. — Created 2003
Ky. Acts ch. 189, sec. 1, effective June 24, 2003.